Cases

BRYANT, Judge. Where defendant failed to establish prejudice from the trial court's ruling to allow the jury to view exhibits outside of the courtroom absent the consent of the parties, we find no prejudicial error. Where evidence in the record supports the trial court's finding that defendant was due one point in the calculation of her prior record level for a judgment entered against defendant on the charge of misdemeanor larceny,

PER CURIAM: Rawl Sales and Processing Company and Massey Energy Company (Defendants) appeal from the district court’s order granting the Plaintiffs’ motion to amend their complaint by dismissing the sole federal claim (Count 12) and remanding the remaining state law claims to West Virginia state court. The Plaintiffs have moved to dismiss the appeal for lack of jurisdiction under 28 U.S.C. § 1447(d) (2000).

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-3205 ___________ Lester Cole; Donnie A. Bohac; * Darlene M. Akins; Kenneth D. * Akins; Theodis Alford; Larry G. * Allison; Charles E. Anderson; * David M. Bailey; Rodney M. Bailey; * Charles O. Barton; Billy R. Basham; * Ronald

KURT S. ODENWALD, Judge Introduction Appellant Roy H. Smith Real Estate Company, d/b/a Smith Management Group (“SMG”), appeals the judgment of the trial court entered after a bench trial. SMG entered into a one-year contract with respondent Homefield Commons Homeowners Association (“HCHOA”) to provide property-management services. Section 4 of the parties’ contract specified the method by which either party

*374 OPINION & ORDER SIDNEY H. STEIN, District Judge. I. Introduction In this action Peekskill City School District (“Peekskill”) asserts claims for breach of contract against Colonial Surety Company arising out of Colonial’s obligation as surety to ensure that electrical work was completed on the construction of a new m

850 S.W.2d 858 (1993) Latonya LESTER, et al., Respondents, v. Mark T. SAYLES and McHenry Truck Equipment, Inc., Appellants. No. 74719. Supreme Court of Missouri, En Banc. March 23, 1993. As modified April 20, 1993. *861 Gary P. Paul, Clayton, for appellants. Roy A. Walther, III, Myron S. Zwibelman, David S

CONCURRING OPINION BY MENOR, J. I concur in the results reached by the Court on the facts of this case. I, too, would affirm the defendants-appellants’ convictions. I also agree with the Court that the principles enunciated in Katz v. United States, 389 U.S. 347 (1967), must govern the disposition of the constitutional issue involv

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE ROY R. FERGUSON, ) C/A NO. 03A01-9902-CV-00038 ) Plaintiff-A ppellant, ) ROAN E CIRC UIT ) v. ) HON . RUS SELL SIMM ONS , JR., ) JUDGE SHERRY HOPPE, DONNA PIERCE,

Motion Granted; Appeal Dismissed and Memorandum Opinion filed September 1, 2022. In The Fourteenth Court of Appeals NO. 14-21-00435-CV UNION PACIFIC RAILROAD COMPANY, Appellant V. EDGAR HARRISON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF TWYNCEOLA BATISTE DECEASED); HENRY HARRISON; JOHNNY HAYES; ARTINCE HEATHMON; RONALD HENDERSON; ANNIE HILL; ROBERT JAMES HILLAR

240 S.E.2d 391 (1978) STATE of North Carolina v. Michael Allen LESTER. No. 76. Supreme Court of North Carolina. January 24, 1978. *395 Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State. Walter E. Clark, Jr., Greensboro, for defendant-appellant. COPELAND, Justice. Defen

ORDER GRANTING MOTION TO DISMISS ROGER T. BENITEZ, District Judge. Before this Court is a Motion to Dismiss filed by Defendants Maxwell Technologies, Inc. (Maxwell), David J. Schramm, and Kevin S. Royal. (Docket No. 50). For the reasons stated below, the Motion is GRANTED. BACKGROUND Maxwell Technologies is a Delaware corporation based in San Diego, CA. Maxwell de

COFFEY, Circuit Judge. This personal injury, diversity suit is the result of an accident that occurred in the *1065 State of Kentucky in October of 1994. Plaintiff Michael L. Spiller (“Spiller”), a truck driver, was standing in the parking lot of a rest stop working on his truck when another truc

498 So.2d 859 (1986) AMERICAN CYANAMID CO., Petitioner, v. Lester K. ROY, Respondent. No. 67124. Supreme Court of Florida. October 23, 1986. Rehearing Denied January 5, 1987. *860 Paul R. Regensdorf of Fleming, O'Bryan & Fleming, Ft. Lauderdale, for petitioner. Don Lacy, Tallahassee, and Earle Lee Butl

MEMORANDUM AND ORDER ROY, District Judge. This cause came on to be heard before the Court on the plaintiffs’ application for a temporary restraining order (or preliminary injunction) to prevent the City Attorney of Horseshoe Bend, Arkansas, from prosecuting the plaintiffs under Ark.Stat.Ann. § 67-711 (Repl.1980).1 That statute makes it a misdemeanor to circulate any r

Robbery with firearms is the offense; penalty assessed at confinement in the penitentiary for five years. *Page 474 The indictment appears regular and properly presented. The record is before this court without statement of facts or bills of exception. In the absence of the evidence adduced upon the trial, this court is unable to appraise the matters presented in the motion for new trial. No error having been perceived or pointed out,

466 So.2d 1079 (1984) AMERICAN CYANAMID COMPANY, Appellant/Cross Appellee, v. Lester K. ROY, Appellee/Cross Appellant. No. 82-2196. District Court of Appeal of Florida, Fourth District. December 19, 1984. Rehearing Denied May 1, 1985. *1081 Paul R. Regensdorf of Fleming, O'Bryan & Fleming, Fort Lauderdale, fo

PARK, Judge. Roy Thomas Johnson was indicted and convicted of first degree robbery (KRS 515.-020). Johnson appeals from a judgment of the Fayette Circuit Court entered upon the jury’s verdict imposing a sentence of twelve years imprisonment. A single issue is presented by the appeal. The trial court permitted the Commonwealth to introduce evidence of a confession made by Johnson shortly after he was arrested and taken into c

[1] OPINION [2] The appellant, Richard Lee White, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tillman County, for crimes of Driving Under the Influence of Intoxicating Liquor, a subsequent offense, for two separate offenses, Case Nos. CRF-75-21 and CRF-75-32. The defendant was sentenced to serve two and one-half (2 1/2) years and two (2) years, respectively, in the State Penitentiary, the sentences to run concurrently.

400 F.2d 393 Belva LESTER, Administratrix of the Estate of McCllanLester, Deceased, Plaintiff-Appellant,v.JOHN R. JURGENSEN COMPANY, ROY McGovney, d/b/a Roy McGovneyConstruction Company, Vest and Bartell, Inc., andJames Treber Osman, Defendants-Appellees. No. 18237. United States Court of Appeals Sixth Circuit. Sept. 19, 1968.

266 S.W.3d 334 (2008) F.W. DISPOSAL SOUTH, LLC, et al., Respondents, v. ST. LOUIS COUNTY COUNCIL and St. Louis County, Respondents and John Campisi, Appellant, Semco Plastics, Inc., and Canaan Baptist Church, Proposed Intervenors/Appellants. No. ED 90625. Missouri Court of Appeals, Eastern District, Division Five. October 14, 2008.